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A.S.B., Esq., Lawyer

Category: Criminal Law

Satisfied Customers: 148

Experience: I am an Assistant District Attorney, and former criminal defense attorney.

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I have been arrested after my girlfriend called 911 on september

Customer Question

I have been arrested after my girlfriend called 911 on september 15 2008 .There were no physical violence involved and with no evidence the DA declined to file charges.After a year im filling a petition for expungement of arrest records under title 22 section 18 The DA send me an offer for a limited expungement , should I accept his offer or just wait until my hearing date for the judge to grant me a full expungement of record since I was falsely accused to begin with ?

First and foremost, thank you for choosing justanswer.com. I am a licensed criminal defense attorney, former Deputy District Attorney, and member of the American Bar Association.

You should not accept the District Attorney's offer of a limited expungement based upon the fact pattern you have submitted. The District Attorney's Office, furthermore, would not be offering you a limited expungement if they thought you would not be able to obtain an expungement pursuant to the above statute.

In these circumstances it is better to take your case before a judge and allow him/her to execute an order. I say this because the DA refused to proceed with the case the arresting officers brought before them. They could not prosecute the case based upon the evidence they had at their disposal and dropped the files; hence, you are in your legal right to have your criminal arrest record fully expunged. It seems to me the DA's may be trying to get you to accept a limited expungement just to keep your record from being fully wiped clean.

I hope this helps. Please, click "Accept" if you found my answer helpful so I may be given credit for my response. Do not hesitate to contact me via justanswer.com with any further questions or concerns. Thank you and good luck!!

Indeed they didnt have enough evidence to prosecute me. My girlfriend at that time refused to testify and wrote an affidafit to DA to explain what really happened that night, just a dispute that escalated and she called the police just so I can leave for that night, she even told them she didnt want me to get arrested that night but they told her since she called 911 , that was out her hands.

I spent 3 nights at county jail and after my Girlfriend posted bond I was released and I was surprised when I read the police report, the officers stated that she had scratches on her arms which was completely false ! We took dated pics of my girlfriend arms that show that she didnt have any scratches 3 days after the incident happened.

I never been arrested my whole life , no misdemeanors or anything and this is my very first suspected offense.

The DA did first object on the ground of status of limitations but Title 22 section 18 clearly stated that after one year if no charges were filed , a petitioner is eligible for expungement.

He came back later on to offer me by email a limited expungement that will expunge the arrest records from local databases but DA office could still charge me in the future .

The offer is also saying that I wont have to declare that arrest to any future employers or during an interview but i might be asked about it by law enforcement.

The reason he says he is offering me a limited expungement because maintaining such arrest records would be better for public interests that harming my privacy sic ??

Even though this is my very first suspected offense and Im an outstanding computer science major one semester away to graduate and start my career?

If I dont accept the offer what is the best step to decline his offer , just respond to his email and say that I would be declining the offer at this time ?

He emailed me today asking me if I received the offer he emailed me a week ago and I still didnt answer.

This may be counterintuitive, but the best way to reject his offer is to not respond. Do NOT say anything more to the DA's office. As a former DA you can trust me when I say they are there to prosecute you and not help you. You are a statistic to them and their office.

What is the reason for keeping their right open to prosecute you? Will there be more evidence from 2008 come out? Will they get some testimony they didn't have before? No! They want to keep that right just in case . . . in case of what? Who knows, but they want that option.

There is no reason why a full expungement will not take place and, therefore, you should not respond to the email and, if you have responded, you should not make any more statements. They can only be used against you!

Again, I hope this helps. Dont' forget to click "Accept" so I get credit for my responses! Thank you again, and good luck!!!

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